Section 146-4-6 - REQUIREMENTS TO DEMONSTRATE DIRECT AND LEGITIMATE INTERESTA.Applicants who may or may not have a direct and legitimate interest. To protect the integrity of vital records and comply with applicable law, a municipal clerk or the Department will not permit inspection or disclosure of information contained in vital statistics records or issue a copy of all or part of any such record unless the applicant has a direct and legitimate interest in such record in accordance with 22 MRS §2706. The following applicants may obtain restricted vital statistics data contained in a vital report or record by demonstrating that such information is needed for a direct and legitimate interest: 1. Registrants or related individuals;2. Any surviving parents acting on behalf of a child who is a minor shall be entitled to the deceased parent(s) death certificate if their parental rights have not been terminated.3. Genealogical researchers as defined in this rule.4. Any other individuals or entities approved by the State Registrar as demonstrating direct and legitimate interest, who provide supporting documentation of eligibility and are qualified to receive such data. These individuals or entities include: a. The National Center for Health Statistics and other federal agencies upon receipt of a contract, purchase order or other agreement, on other than the prescribed application form.b. Other state vital statistics offices with a signed and current Inter- Jurisdictional Exchange of Vital Records Agreement.c. Applicants who meet the criteria in Section 6(B) below and have presented supporting documentation to demonstrate a direct and legitimate interest in the data or record requested.d. Federal, state, local, or tribal agencies, including Maine municipal governments and Maine public school districts, which require the requested data for statistical or administrative purposes in the conduct of their official duties.e. Individuals conducting health, medical, or social research that has the potential to reduce morbidity and mortality within Maine, further scientific understanding of disease processes, or improve health and social services.f. Maine hospitals and health care practitioners requesting death certificate information for the purposes of updating and purging their patient records. A dataset containing only the information necessary for this purpose will be provided.g. Those agencies and foundations responsible for administering Maine educational 529 funds available to help Maine students and families meet costs associated with higher education. A dataset containing only the information necessary for this purpose will be provided.B.Supporting documentation to demonstrate a direct and legitimate interest.Applicants must present supporting documentation as specified below to demonstrate to a municipal clerk or the Department a direct and legitimate interest in receiving the requested data or record. Such documentation must be an original document or a notarized or certified copy of the document.
1. The registrant listed on birth records; the parties or officiant listed on a marriage record; the informant who provides information about a deceased person to the funeral establishment in order to file the death record, funeral director or authorized person listed on a death record; and the parents listed on a birth, death or marriage record shall present acceptable identification as specified in Section 4. 2. Related individuals shall present supporting documentation to demonstrate lineage or relationship as specified in Section 7. 3. A surviving parent acting on behalf of a child who is a minor shall present the birth certificate of the child naming the surviving parent or an order from a court of competent jurisdiction naming both the child and the surviving parent.4. Genealogical researchers shall present a valid genealogical researcher identification card issued from the Department as specified in Section 9. 5. Authorized representatives shall present the written and notarized statement from the registrant or proof of contract. If the registrant is requesting a family member's record, the notarized statement or contract shall be presented in addition to supporting documentation that demonstrates lineage or relationship as specified in Section 7. 6. Federal, State, Maine local government or Tribal agencies, Maine municipal governments and Maine public school districts shall present a written request on letterhead and provide documentation of identification of the applicant who signed the request.7. Individuals conducting health, medical and social research, including those who represent governmental agencies, shall provide additional information as specified in Section 8. A municipal clerk or the Department may verify the authenticity of the documents presented in the event they have reasonable cause to question the validity or accuracy of the document.
C.Disclosure of released data. Direct and legitimate interest does not include access to, or disclosure of, information contained in vital statistics data, reports and vital records for sale or release to the public, for direct or indirect marketing of goods or services, for other non-research solicitation of registrants or families of registrants, or for other commercial or speculative purposes by media representatives and commercial firms other than those conducting health, medical or social research.D.Copies of vital records. Certified copies and non-certified copies of records, including restricted records, requested by an eligible applicant will be issued in accordance with Section 2 of this rule.